Sales Terms & Conditions

STANDARD CONDITIONS OF CONTRACT FOR SALE, SUPPLY AND REPAIR

These Terms and Conditions apply to all quotations, sales, supplies, repairs and services provided by Scraptech Pty Ltd ABN 64 165 917 288 trading as HFP Attachments, Hardwood Forest Products and ST Engineering (“Seller”).

By placing an Order with the Seller, the Purchaser agrees to be bound by these Terms and Conditions.

1. DEFINITIONS

In these conditions:

Contract means the agreement between the Seller and the Purchaser comprising these Terms and Conditions together with any quotation, invoice, order confirmation, delivery docket or other document issued by the Seller.

Goods means all equipment, attachments, parts, accessories, products and materials supplied by the Seller.

Manufacturer means the manufacturer or supplier of the Goods.

Non-Recoverable Costs includes but is not limited to:

  • custom manufacturing costs
  • imported or specially sourced components
  • supplier cancellation charges
  • freight and shipping costs
  • customs and port charges
  • storage and handling fees
  • labour and engineering costs
  • fitment preparation
  • foreign exchange variations
  • administrative costs
  • financing or holding costs

Order means any order placed by the Purchaser for Goods or Services.

Price means the quoted or invoiced price for the Goods or Services.

Purchaser means the person, company or entity purchasing Goods or Services from the Seller.

Services means repairs, servicing, fabrication, installation, fitment or other works carried out by the Seller.

Seller means Scraptech Pty Ltd T/as HFP Attachments, Hardwood Forest Products and ST Engineering ABN 64 165 917 288.

Spare Parts means replacement parts or accessories supplied by the Seller.

2. FORMATION OF CONTRACT

2.1 A Contract is formed when:

  • the Seller accepts an Order;
  • the Purchaser pays a deposit; or
  • the Seller supplies Goods or Services to the Purchaser.

2.2 Any quotation provided by the Seller:

  • is indicative only;
  • is subject to availability;
  • may be withdrawn or varied at any time prior to acceptance; and
  • is valid for 7 days unless otherwise stated.

2.3 The Seller reserves the right to refuse any Order at its discretion.

3. PRICING

3.1 Unless otherwise stated:

  • all prices are in Australian Dollars;
  • prices are exclusive of freight, installation and commissioning unless specified;
  • GST is payable in addition to the quoted price where applicable.

3.2 The Seller reserves the right to vary pricing prior to delivery where increases occur due to:

  • supplier price increases;
  • exchange rate fluctuations;
  • freight increases;
  • customs charges;
  • material shortages;
  • government charges or duties; or
  • circumstances outside the Seller’s reasonable control.

3.3 Credit card payments may incur a surcharge.

4. PAYMENT TERMS

4.1 Unless otherwise agreed in writing:

  • deposits are payable immediately upon acceptance of quotation;
  • balance payment must be made prior to dispatch or collection.

4.2 The Seller may withhold delivery until payment has cleared in full.

4.3 Interest may be charged on overdue accounts at a rate of 2% per annum above the Seller’s bank overdraft rate.

4.4 The Purchaser is responsible for all debt recovery, legal and collection costs incurred by the Seller.

5. NON-REFUNDABLE DEPOSITS & CANCELLATIONS

5.1 Deposits paid for:

  • custom-made Goods;
  • made-to-order Goods;
  • imported Goods;
  • specially sourced Goods;
  • modified Goods;
  • non-stock items; or
  • Goods manufactured to customer specifications

are strictly non-refundable once the Order has been accepted and/or production, sourcing, allocation or procurement has commenced.

5.2 The Purchaser acknowledges the Seller may incur substantial Non-Recoverable Costs immediately upon acceptance of an Order.

5.3 Orders may not be cancelled without the Seller’s prior written consent.

5.4 If an Order is cancelled, the Seller may retain:

  • all deposits paid;
  • costs already incurred;
  • freight and shipping charges;
  • supplier cancellation charges;
  • storage and handling costs;
  • administrative costs; and
  • any other Non-Recoverable Costs.

5.5 The Seller reserves the right to charge additional cancellation costs where losses exceed the deposit amount paid.

6. DELIVERY & LEAD TIMES

6.1 Any delivery date or lead time provided by the Seller is an estimate only and is provided in good faith based on information available at the time.

6.2 The Seller does not guarantee delivery dates or lead times.

6.3 The Seller will not be liable for delays caused by:

  • manufacturers;
  • suppliers;
  • freight carriers;
  • shipping delays;
  • customs clearance;
  • port congestion;
  • material shortages;
  • labour shortages;
  • industrial action;
  • weather events; or
  • any event beyond the Seller’s reasonable control.

6.4 Delays in delivery do not entitle the Purchaser to:

  • cancel the Order;
  • refuse delivery;
  • withhold payment; or
  • claim compensation, damages or consequential losses.

6.5 The Seller will make reasonable efforts to keep the Purchaser informed of significant delays.

6.6 The Purchaser must take delivery within 7 days of notification that Goods are ready unless otherwise agreed in writing.

6.7 Additional storage, handling or redelivery charges may apply where delivery is delayed by the Purchaser.

7. FREIGHT & RISK

7.1 Risk in the Goods passes to the Purchaser upon:

  • collection;
  • delivery to the Purchaser; or
  • delivery to a freight carrier,

whichever occurs first.

7.2 Freight is arranged at the Purchaser’s risk unless otherwise agreed in writing.

7.3 The Seller is not liable for:

  • freight damage;
  • transit delays;
  • carrier delays; or
  • losses occurring after dispatch.

7.4 The Purchaser must inspect Goods immediately upon receipt and notify the Seller in writing within 48 hours of any visible damage or shortages.

8. FITMENT & CUSTOMER RESPONSIBILITY

8.1 The Purchaser is responsible for confirming all machine specifications and fitment measurements prior to manufacture or supply.

8.2 Production and supply are based on measurements and information supplied or confirmed by the Purchaser.

8.3 The Seller accepts no responsibility for incorrect fitment resulting from inaccurate information provided by the Purchaser.

8.4 The Seller reserves the right to charge additional costs associated with rework, modifications or remanufacture arising from incorrect information supplied by the Purchaser.

9. WARRANTY

9.1 Goods supplied by the Seller may include manufacturer warranties which vary depending on product type and supplier.

9.2 The Seller will pass on the benefit of any applicable manufacturer warranty where possible.

9.3 Warranty claims do not cover:

  • misuse;
  • abuse;
  • improper installation;
  • lack of maintenance;
  • wear and tear;
  • accidental damage;
  • modifications not approved by the Seller; or
  • use outside manufacturer specifications.

9.4 Warranty does not include freight, travel, labour, downtime or consequential losses unless expressly stated.

10. LIABILITY

10.1 To the fullest extent permitted by law, the Seller’s liability is limited to:

  • repair;
  • replacement; or
  • refund of the affected Goods or Services,

at the Seller’s discretion.

10.2 The Seller is not liable for:

  • indirect losses;
  • consequential losses;
  • loss of profits;
  • downtime;
  • loss of income;
  • hire costs;
  • business interruption; or
  • damage to other equipment or property.

10.3 Nothing in these Terms excludes rights that cannot legally be excluded under Australian Consumer Law.

11. RETENTION OF TITLE

11.1 Ownership of the Goods remains with the Seller until payment has been received in full.

11.2 Until ownership passes:

  • the Purchaser holds the Goods as bailee for the Seller;
  • the Seller may recover and repossess the Goods if payment is overdue.

11.3 The Purchaser grants the Seller permission to enter premises where Goods are stored for the purpose of recovery.

12. PPSA

12.1 The Purchaser acknowledges that these Terms create a Security Interest under the Personal Property Securities Act 2009 (Cth).

12.2 The Seller may register its Security Interest on the PPSR.

12.3 The Purchaser agrees to do anything required by the Seller to perfect or enforce its Security Interest.

13. FORCE MAJEURE

13.1 The Seller will not be liable for failure or delay in performing obligations where caused by events beyond its reasonable control including:

  • acts of God;
  • pandemics;
  • natural disasters;
  • freight disruptions;
  • war;
  • industrial disputes;
  • government action; or
  • supply chain disruptions.

14. GENERAL

14.1 These Terms are governed by the laws of Victoria, Australia.

14.2 If any provision is unenforceable, the remaining provisions remain in effect.

14.3 These Terms constitute the entire agreement between the parties.

14.4 The Seller may amend these Terms from time to time without notice.

14.5 Any waiver by the Seller must be in writing.

14.6 The Purchaser may not assign rights under this Contract without written consent from the Seller.

CONTACT DETAILS

HFP Attachments
ABN 64 165 917 288

Factory 3, 217 Colchester Road
Kilsyth VIC 3137 Australia

Phone: 03 9762 6483
Email: sales@stengineering.com.au